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catbyte

(34,360 posts)
Fri Mar 13, 2020, 09:53 PM Mar 2020

For those worried that thing currently infesting the White House might cancel the November elections




Josh Douglas:

Since lots of people have asked me:

No, Trump cannot use his executive powers, even in a national emergency, to delay the November 2020 election. Only Congress can set the date of the presidential election.

Carlton Lawson's reply:

And even if the election was delayed, Trump's and Pence's terms would still end at noon on January 20, 2021. If no election has been held by that point, the Speaker of the House would assume the powers of the presidency under the Presidential Succession Act.

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For those worried that thing currently infesting the White House might cancel the November elections (Original Post) catbyte Mar 2020 OP
well washington state and oregon are all mail in and i know who we will elect! samnsara Mar 2020 #1
This put a big smile on my face. n/t jaysunb Mar 2020 #2
Thank you! mahina Mar 2020 #3
Some of us have been trying to explain this... TwilightZone Mar 2020 #4
Right. Turin_C3PO Mar 2020 #9
It certainly worked in 2000, didn't it........ DENVERPOPS Mar 2020 #14
That was after the election though. Turin_C3PO Mar 2020 #15
Okay, try this DENVERPOPS Mar 2020 #23
I'd rather try the law and historical precedent stopdiggin Mar 2020 #25
Get back to me on DENVERPOPS Mar 2020 #35
Yes, DENVERPOPS, yes. There is NOTHING they won't do to stay in power. Cousin Dupree Mar 2020 #29
The constitution MFM008 Mar 2020 #30
any virus emergency should well in the past by then...except that.... msongs Mar 2020 #5
The Spanish flu arose in far different conditions Aquaria Mar 2020 #7
Hmmm...veddy intedesting Karadeniz Mar 2020 #6
Hmmmmm uponit7771 Mar 2020 #8
Other possibilities. moondust Mar 2020 #10
they asked Biden about that DENVERPOPS Mar 2020 #21
Wouldn't Congress be at the end of their term then too? Generic Brad Mar 2020 #11
Congress comes back in session before Inauguration Day csziggy Mar 2020 #12
What if the Speaker of the House had to leave office Ex Lurker Mar 2020 #13
My question too. Kind of chicken or the egg question. ToxMarz Mar 2020 #17
The feds can't cancel state elections catbyte Mar 2020 #31
Sweet! Thekaspervote Mar 2020 #16
Would Bronzer Caligula declares himself exempt from all laws? VOX Mar 2020 #18
Um? Who would be Speaker? She'd have to be reelected too. yodermon Mar 2020 #19
Oh, dear lord. PoindexterOglethorpe Mar 2020 #20
That's what I was trying to say. That thing CAN'T cancel elections, only Congres can catbyte Mar 2020 #24
I apologize for my misreading of your post. PoindexterOglethorpe Mar 2020 #27
I firmly moniss Mar 2020 #22
along with a duly elected congress stopdiggin Mar 2020 #26
if trump uses a national emergency to cancel the election rampartc Mar 2020 #28
That thing can't cancel the election; only Congress can and the House would NEVER vote for it. catbyte Mar 2020 #32
louisiana elections have already been rescheduled. rampartc Mar 2020 #33
That's good to know. Thank you. Vivienne235729 Mar 2020 #34

mahina

(17,637 posts)
3. Thank you!
Fri Mar 13, 2020, 09:56 PM
Mar 2020

Thank you!I was in afraid because I try to avoid that but I did feel concerned and it was rolling around in the back my mind all the time

I really love this post

Turin_C3PO

(13,951 posts)
9. Right.
Fri Mar 13, 2020, 10:23 PM
Mar 2020

Every time I try and explain this, people respond with “Well, I just believe he’ll break the law and do it”. The states would tell Trump to go fuck himself if he tried that bullshit. Of course, he won’t try it because even he is not that dumb.

DENVERPOPS

(8,804 posts)
14. It certainly worked in 2000, didn't it........
Sat Mar 14, 2020, 12:19 AM
Mar 2020

The Federal Government had absolutely NO legal right to interfere in a "state's" elections, but they most certainly did, didn't they.

Then, the Supreme Court, which had no constitutional legal authority to intervene, but THEY most certainly did, didn't they......

Turin_C3PO

(13,951 posts)
15. That was after the election though.
Sat Mar 14, 2020, 12:21 AM
Mar 2020

Yes, it was bullshit but it came after the voting. There’s no way Trump can cancel the elections. I’d put money on it.

DENVERPOPS

(8,804 posts)
23. Okay, try this
Sat Mar 14, 2020, 01:17 AM
Mar 2020

A dem is elected by popular and electoral vote. Trump, the Republican Senate and the DOJ declare that the election was corrupted by the Dems and by their "foreign influences" and declare the election invalid. A new election will have to wait until their investigation is completed, which could take years......In the meantime, it goes to the Republican controlled Supreme court and we all all know after Gorsuch and Kavahaugh how that will come out, don't we.......

Or the election can't be held until the Virus Pandemic is over, which may take years, especially if Trump proclaims martial law.......In that case, they can do the exact same thing as I said above.

I have been telling people for some time....Just wait and see what happens Nov 3rd, and Nov 4th...........

With all that we have witnessed, especially in the last three years, I would believe the Republicans have, time after time after time, demonstrated their capability and willingness to do anything, and I mean ANYTHING to keep from giving up power.....Seriously

stopdiggin

(11,292 posts)
25. I'd rather try the law and historical precedent
Sat Mar 14, 2020, 02:57 AM
Mar 2020

than spin out wild fantasy scenarios. but you do you.

MFM008

(19,803 posts)
30. The constitution
Sat Mar 14, 2020, 06:10 AM
Mar 2020

Says maggots out at 12:01. Jan 20.
Repukes cant declare shit.
Anyone can read it.
They can be forcibly removed
The constitution is to be protected from
Foreign AND DOMESTIC terrorism.
I bet Biden has a plan.

msongs

(67,381 posts)
5. any virus emergency should well in the past by then...except that....
Fri Mar 13, 2020, 09:57 PM
Mar 2020

the 1918 epidemic peaked in the spring, dissipated over the summer, and came roaring back to its worst phase in the fall

 

Aquaria

(1,076 posts)
7. The Spanish flu arose in far different conditions
Fri Mar 13, 2020, 10:19 PM
Mar 2020

And followed a trajectory all its own. We have no guarantee that COVID-19 will do the same, and its very geographical profile for transmission is worrying all on its own.

It started in Wuhan, which is on the same latitude as Austin, Texas. It's also close to the same line as Tallahassee and Los Angeles. Winter in all of those places are more comparable to spring in more northern climates. And then there's how it's shown up in equatorial regions like sub-Saharan Africa (Nigeria), which is balmy/summer type weather, year round. It's also spreading in Southern Hemisphere countries like Australia, where it's been summer for real.

That's why I wouldn't count on spring and summer saving anyone. This may be one pandemic that doesn't give a crap about weather, only about having hosts to spread to.

PS: H1N1 sprang up and accelerated in spring and summer. The first cases came from San Diego, California in April of 2009. Within two weeks, Texas, Kansas, Ohio, New York and Mexico were reporting their own cases. https://www.cdc.gov/h1n1flu/cdcresponse.htm

And it only got worse from there.

So spring/summer is no guarantee of escaping a pandemic.

moondust

(19,971 posts)
10. Other possibilities.
Fri Mar 13, 2020, 11:31 PM
Mar 2020

I don't know how plausible these scenarios are but Thom Hartmann has explored the possibility of Trump losing the election but not leaving, as Michael Cohen suggested and others have pondered.

We need to plan now in case Trump loses in November — but refuses to leave the White House

DENVERPOPS

(8,804 posts)
21. they asked Biden about that
Sat Mar 14, 2020, 12:58 AM
Mar 2020

He replied that, as President, and having been elected to be in command of the entire military, secret service, FBI etc he should have no problem finding someone to do the honors of escorting him out of the White house.

I would hope that someone would have the forethought to take the "football" away from him even before the election commences.
Psychopathic Narcissists who know they are going down, tend to go out with a "bang" demonstrating to everyone an "I'll show you"..

And given the number of lame duck republican governors who have lost elections, who are passing all kinds of laws taking away all the governor's powers before the new governor takes office, the house and senate shouldn't allow Trump to take ANY actions what so ever.
I doubt the Senate Republicans will do that, and in fact they will do absolutely everything to help that happen to limit the powers of the incoming Democrat President and giving the Senate even more power..........

From the Republican's actions and behavior these past three years, I do not think we can rule out anything at this point.

Seriously.......

Generic Brad

(14,274 posts)
11. Wouldn't Congress be at the end of their term then too?
Fri Mar 13, 2020, 11:50 PM
Mar 2020

How could we have an active House Speaker if her term ends too?

csziggy

(34,135 posts)
12. Congress comes back in session before Inauguration Day
Sat Mar 14, 2020, 12:14 AM
Mar 2020

So the House Speaker is selected before the new president is sworn in.

The Twentieth Amendment (Amendment XX) to the United States Constitution moved the beginning and ending of the terms of the president and vice president from March 4 to January 20, and of members of Congress from March 4 to January 3. It also has provisions that determine what is to be done when there is no president-elect. The Twentieth Amendment was adopted on January 23, 1933.[1]

The amendment was designed largely to limit the "lame duck" period, the period served by Congress and the president after an election but before the end of the terms of those who were not re-elected. Because under the amendment Congressional terms begin before presidential terms, it is now the incoming Congress, rather than the outgoing one, that would hold a contingent election in the event that no candidate wins a majority of the electoral vote in a presidential election. The amendment also establishes procedures in the case that a president-elect dies, is not chosen, or otherwise fails to qualify prior to the start of a new presidential term.
https://en.wikipedia.org/wiki/Twentieth_Amendment_to_the_United_States_Constitution

ToxMarz

(2,166 posts)
17. My question too. Kind of chicken or the egg question.
Sat Mar 14, 2020, 12:30 AM
Mar 2020

I don't think the situation is as cut and dried as presented.

VOX

(22,976 posts)
18. Would Bronzer Caligula declares himself exempt from all laws?
Sat Mar 14, 2020, 12:38 AM
Mar 2020

Who knows? I put nothing—NOTHING— past this shameless, fascist mental case and his loyal lieutenants. They don’t give two shits for facts, democracy, or the law, and that’s all been showcased for three-plus years now.

Putin just “fixed” his country’s laws to extend his term for several years. So you *know* 45 is green-orange with envy.

Based upon their track record, I have ZERO trust in 45 & Co. to obey any law, subpoena, rule, protocol, tradition or system.

yodermon

(6,143 posts)
19. Um? Who would be Speaker? She'd have to be reelected too.
Sat Mar 14, 2020, 12:41 AM
Mar 2020

Entire House would not be seated by that same logic. Senate president pro tem would be elevated, provided he wasn't up for reelection himself.

Grassley.

PoindexterOglethorpe

(25,839 posts)
20. Oh, dear lord.
Sat Mar 14, 2020, 12:48 AM
Mar 2020

This again.

Elections won't be cancelled. They really won't.

Even if 90% of us have died by November, there will still be an election.

And I'm going to go out on a limb and predict that more than 99% of us will still be alive in November.

moniss

(4,201 posts)
22. I firmly
Sat Mar 14, 2020, 01:00 AM
Mar 2020

believe that they are not above trying to screw with the certification by the electors and states. I can see legal challenges stacking up for months in the courts.

stopdiggin

(11,292 posts)
26. along with a duly elected congress
Sat Mar 14, 2020, 03:10 AM
Mar 2020

that seats itself and continues it's business .. just as it always has.

Can't we all just see Nancy Pelosi .. standing on the sidelines, wringing her hands .. and wailing "Oh, I just don't know what to do!

Nope? Neither can I!

rampartc

(5,400 posts)
28. if trump uses a national emergency to cancel the election
Sat Mar 14, 2020, 05:23 AM
Mar 2020

no one will challenge him and he will continue as president for the years that it takes the case to get to the supreme court, where the outcome is far from certain.

rampartc

(5,400 posts)
33. louisiana elections have already been rescheduled.
Sat Mar 14, 2020, 08:44 AM
Mar 2020

btw i'm already feeding 17 feral cats, 3 new kittens just showed up (sasquatch, nessie, and el chupacabra) i just can't keep them, even on a fix & release basis. am i a terrible person to take them to the spca? i know their fate if i do.

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